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Like It Or Not, All Drones Must Be Registered

Today, the FAA formally announced plans for the registration of small unmanned aircraft (UAS), better known as “drones”. The new laws apply to any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (approx. 25 kilograms) including payloads such as on-board cameras. Effective December 21st, all owners of qualifying drones are required to register them with the FAA. Failure to comply may result in civil and criminal penalties. Registration includes a $5 fee, which will be refunded for all registrations submitted before January 20, 2016.

Reaction to the FAA plan has been mixed. Many understand the need; some see it as unnecessary governmental intrusion, especially hobbyist pilots. All should focus on that last word: pilots. Plain and simple, that’s what drone operators are: pilots.

Make no mistake: unmanned aircraft enthusiast are aviators, and with that title comes a great deal of responsibility, said U.S. Transportation Secretary Anthony Foxx. Registration gives us an opportunity to work with these users to operate their unmanned aircraft safely. Im excited to welcome these new aviators into the culture of safety and responsibility that defines American innovation.

Historically, RC aircraft have not always required registration, but two things have changed that: ubiquity and cameras. Before DJI reinvented the market, RC aircraft were mostly gas-powered, fixed-wing planes which the average consumer could not afford to build and fly. With the original Phantom, DJI made battery-driven quadcopters accessible, affordable and easy to fly. And, they added cameras.

Cameras changed everything

No longer were RC aircraft only of interest to aviation buffs. Now, the devices had intriguing applications for art, commerce and surveillance. As a result, the market exploded and drones became fairly commonplace in skies across the country. Too often considered a toy, they ended up in the hands of people who flew them without fully understanding the risks. Here are just a few examples of near misses by inexperienced or irresponsible drone operators:

The casual reader may think me “anti-drone”. I am not. I own a DJI Phantom and am considering upgrading to a DJI Inspire. A close friend owns several large octocopters designed to fly cinema cameras. I love drones. They democratize and economize the capture of sweeping, cinematic shots in a way never before available to photographers and cinematographers. They are the very definition of “disruptive” technology; in mostly positive ways. But, I know first hand the risks an inexperienced operator can take with their own safety and the safety of others.

While shooting a film in Iceland, I brought my Phantom to capture the epic landscapes and glaciers for which the country is best known. I did not have many hours at the controls and what few I had were earned in the remote Nevada desert. During my first Icelandic flight, I went up in too much wind and the drone tipped and crashed; breaking three rotors. Out in the Icelandic backcountry, there was no one around to injure.

A few days later, with new rotors in place, I did an initial test flight in the front yard of our apartment in downtown Rekyjavik. I took the drone up 10 feet and she held stable. 20 feet up. Stable. 40 feet up. Stable. At 80 feet up, I started moving left to right in a small, tight test pattern. On the third pass, something rattled loose and I lost control. The drone veered hard away from me and over a public park. Then, it tipped over and dove out of sight behind an apartment building.

As I chased it, I was not thinking of lost investment in the drone. All I could think of was the swarm of kids I saw playing in that park the afternoon before. I have two small kids. I was terrified. Rounding the corner, I let out a sigh of relief to find the park empty. It was a school day. I found the drone in pieces, but I did not care. No one had been hurt.

Was the drone manufacturer responsible? No. In fact, DJI and other manufacturers are being very proactive in building “flight fences” into their products which use onboard GPS to restrict where they can fly. No. It was operator error. Putting that drone up in the air, within the city limits, was irresponsible of me. I did not have mastery of required skills and the drone was untested after a recent crash.

It was all on me.

I understand the impulse to dismiss FAA regulation of drones as unnecessary overreach. But, it simply isn’t. HAM radio operators require a license because the public airwaves are just that: public. The same holds true for public airspace.

There are other concerns that merit FAA licensure, not the least of which are personal privacy and the possibility of bad actors using dangerous payloads (e.g. guns, bombs). But, the simplest and most obvious reason is preventing crashes due to unskilled operators.

We don’t let unskilled operators drive cars and motorcycles on public streets. We should not let unskilled operators fly aircraft, no matter how small or seemingly innocuous, in public airspace.

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Storyteller; words, stills & motion. Bokeh, a sci-fi feature shot in Iceland, is Doug’s current project and is now finishing post-production. When not telling stories of the fantastic, Doug loves putting the natural world – from waterfalls to wild horses – in front of his camera while traveling the world. For regular updates, follow Doug on Twitter, Instagram, facebook, Google+, tumblr or his blog.

The FAA lacks congressional authority to regulate “hobby” model aircraft. Any regulation they make against hobby aircraft is non-binding until they are granted the power to do so by congress. SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT. (a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if— (1) the aircraft is flown strictly for hobby or… Read more »

Unless I am mistaken, drones (Phantom, Inspire, etc.) are not considered “model aircraft”. That designation is reserved for traditional RC aircraft which are built from kits and therefore “hobby model aircraft”.

Drones require negligible assembly time to be air-worthy. The idea being that if someone is going to commit the time,energy and expense required to build a traditional model RC aircraft, they commit similar assets to bring a responsible pilot; if only to protect that investment.

If so, please link to the legislation declaring drones to be “model aircraft”. The whole point of the FAA rules is to differentiate drones from traditional RC aircraft. I understand the argument that drones are just subset of RC aircraft. And, technically, that may be true. It may be more accurate to consider drones an evolutionary leap forward in RC aircraft which caused a population explosion. The sheer numbers (still growing) made it clear the potential risks of all RC aircraft. The ubiquity of drones, coupled with low cost, cameras, ease of operation and VTOL capabilities, expanded those risks exponentially,… Read more »

Simply go to the AMA website and see the uproar and the AMA response which is “sorry guys, this includes all of us” I will find the sentence in the regulation on the FAA site which clearly states that applies to ALL UNMANNED AIRCRAFT. They simply could not differentiate between “unmanned aircraft with only one or no propellers” or “unmanned aircraft with four propellers on top”

That said, it may well apply to all unmanned aircraft and probably should. The inherent risks exist within all UAS forms, quadcopter or fixed wing. The rising ubiquity of drones only made the risks more apparent and the platform more accessible, which exponentially increases the chances negative incidents (crashes etc.) will occur.

It’s my advice that people who want to believe Eric contact a lawyer before making a decision to ignore a federal statute that carries jail time – Eric you should be the first one to test your theory. Let us know how it works out.

Respectfully, this regulation did not come out of the ether. This is how laws are implemented, at least in the United States. Our elected officials pass laws and assign regulatory responsibilities to the agencies like the FAA. They do so in the interests of the common good. So, when something is declared illegal through these processes, it is illegal in every sense of the word. It is not a matter of debate unless one wishes to contact their representatives and petition for the law to be overturned.

0

Reply

ZZ-Don

4 years ago

What’s to keep someone from registering 10,000 drones for themselves, during the “free signup period”? Then just recycle the tail numbers as your quads are replaced from crashes.

Doug, your comments tend to show you’ve not done much research here. It’s the PILOT, not the individual aircraft, that is registered. The pilot receives ONE registration number and must affix it to all aircraft the pilot flies. And yes, there is NO distinction made between multi-rotors and regular R/C planes. If it flies outside, and weighs 0.55lbs-55lbs, it must have the PILOT’S registration number on it. The rule also says that if you have flown a UAS (again, ANY aircraft that weighs 0.55lbs-55lbs) in the U.S. airspace, in the past, you must register!

We are both correct. The pilot registers and then applies her “tail number” to each of her drones. As a result, both the pilot and the drones are, in effect, registered. If a pilot, registered or not, flies a drone without a tail number, they are in violation of the law. The FAQ goes on to state that, at some point, the site will also collect additional information on individual drones, including make, model and serial number. In another response, I have clarified that the FAA does not make a distinction between multi-rotors and other RC aircraft. That was a… Read more »

0

Reply

Robert Mitchell

4 years ago

It isn’t that unskilled operators should be allowed to operate anywhere they want, its that, how does a registration accomplish any of the things the author wants to see? He was also a rank beginner once, and had the freedom to learn, because of a lack of over-regulation. If things get too onerous, many will never get that opportunity.

Again, how does registering result in training. Iv’e not seen anything yet with regard to training or education associated with this. And even if it does, why couldn’t this have been done without it? Did you also consider that anyone not complying, either deliberately or unintentionally, will now be a felon. Also, how does registration accomplish any of the things you stated you wanted to prevent, as rogue operators will simply take their chances after compliance, or not comply at all.? I’m not even against the registration per-se but it seems as if it is a knee jerk attempt to… Read more »

You raise a good point. Beyond the self-education via the FAA website, the requirements for training/education … and verifying mastery of knowledge/skill … are not codified yet. Registration is a first step in what is sure to be a set of rules that clearly define the requirements and the sort of training/testing needed to meet them. When the FAA first started making noise about this, folks were complaining about messaging that made it seem like drone pilots would be required to meet the same requirements as pilots of manned aircraft. That would have been ridiculous. In comparison, drone registration is… Read more »

Unless you are an attorney you aren’t in a position to declare what is legal and what isn’t. Again – hopefully anyone reading these comments isn’t tricked into thinking that they can simply ignore the new law. It carries stiff fines and jail time so it would be best if you are thinking of skirting the regulation you speak to a real attorney about the possible consequences.

It isn’t that unskilled operators should be allowed to operate anywhere they want, its that, how does a registration accomplish any of the things the author wants to see? He was also a rank beginner once, and had the freedom to learn, because of a lack of over-regulation. If things get too onerous, many will never get that opportunity.

Again, how does registering result in training. Iv’e not seen anything yet with regard to training or education associated with this. And even if it does, why couldn’t this have been done without it? Did you also consider that anyone not complying, either deliberately or unintentionally, will now be a felon. Also, how does registration accomplish any of the things you stated you wanted to prevent, as rogue operators will simply take their chances after compliance, or not comply at all.? I’m not even against the registration per-se but it seems as if it is a knee jerk attempt to… Read more »

Unless you are an attorney you aren’t in a position to declare what is legal and what isn’t. Again – hopefully anyone reading these comments isn’t tricked into thinking that they can simply ignore the new law. It carries stiff fines and jail time so it would be best if you are thinking of skirting the regulation you speak to a real attorney about the possible consequences.

You raise a good point. Beyond the self-education via the FAA website, the requirements for training/education … and verifying mastery of knowledge/skill … are not codified yet. Registration is a first step in what is sure to be a set of rules that clearly define the requirements and the sort of training/testing needed to meet them. When the FAA first started making noise about this, folks were complaining about messaging that made it seem like drone pilots would be required to meet the same requirements as pilots of manned aircraft. That would have been ridiculous. In comparison, drone registration is… Read more »

The FAA lacks congressional authority to regulate “hobby” model aircraft. Any regulation they make against hobby aircraft is non-binding until they are granted the power to do so by congress. SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT. (a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if— (1) the aircraft is flown strictly for hobby or… Read more »

Unless I am mistaken, drones (Phantom, Inspire, etc.) are not considered “model aircraft”. That designation is reserved for traditional RC aircraft which are built from kits and therefore “hobby model aircraft”.

Drones require negligible assembly time to be air-worthy. The idea being that if someone is going to commit the time,energy and expense required to build a traditional model RC aircraft, they commit similar assets to bring a responsible pilot; if only to protect that investment.

If so, please link to the legislation declaring drones to be “model aircraft”. The whole point of the FAA rules is to differentiate drones from traditional RC aircraft. I understand the argument that drones are just subset of RC aircraft. And, technically, that may be true. It may be more accurate to consider drones an evolutionary leap forward in RC aircraft which caused a population explosion. The sheer numbers (still growing) made it clear the potential risks of all RC aircraft. The ubiquity of drones, coupled with low cost, cameras, ease of operation and VTOL capabilities, expanded those risks exponentially,… Read more »

Simply go to the AMA website and see the uproar and the AMA response which is “sorry guys, this includes all of us” I will find the sentence in the regulation on the FAA site which clearly states that applies to ALL UNMANNED AIRCRAFT. They simply could not differentiate between “unmanned aircraft with only one or no propellers” or “unmanned aircraft with four propellers on top”

That said, it may well apply to all unmanned aircraft and probably should. The inherent risks exist within all UAS forms, quadcopter or fixed wing. The rising ubiquity of drones only made the risks more apparent and the platform more accessible, which exponentially increases the chances negative incidents (crashes etc.) will occur.

It’s my advice that people who want to believe Eric contact a lawyer before making a decision to ignore a federal statute that carries jail time – Eric you should be the first one to test your theory. Let us know how it works out.

Respectfully, this regulation did not come out of the ether. This is how laws are implemented, at least in the United States. Our elected officials pass laws and assign regulatory responsibilities to the agencies like the FAA. They do so in the interests of the common good. So, when something is declared illegal through these processes, it is illegal in every sense of the word. It is not a matter of debate unless one wishes to contact their representatives and petition for the law to be overturned.

0

Reply

ZZ-Don

10 months ago

What’s to keep someone from registering 10,000 drones for themselves, during the “free signup period”? Then just recycle the tail numbers as your quads are replaced from crashes.

Doug, your comments tend to show you’ve not done much research here. It’s the PILOT, not the individual aircraft, that is registered. The pilot receives ONE registration number and must affix it to all aircraft the pilot flies. And yes, there is NO distinction made between multi-rotors and regular R/C planes. If it flies outside, and weighs 0.55lbs-55lbs, it must have the PILOT’S registration number on it. The rule also says that if you have flown a UAS (again, ANY aircraft that weighs 0.55lbs-55lbs) in the U.S. airspace, in the past, you must register!

We are both correct. The pilot registers and then applies her “tail number” to each of her drones. As a result, both the pilot and the drones are, in effect, registered. If a pilot, registered or not, flies a drone without a tail number, they are in violation of the law. The FAQ goes on to state that, at some point, the site will also collect additional information on individual drones, including make, model and serial number. In another response, I have clarified that the FAA does not make a distinction between multi-rotors and other RC aircraft. That was a… Read more »

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